1 ITA NO. 5857/DEL/2016 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI O. P. KANT, ACCOUNTANT MEM BER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER I.T.A. NO. 5857/DEL/20 16 (A.Y 2008-09) (THROUGH VIDEO CON FERENCING) ARVIND PRAKASHAN (P) LTD. SPORTS COMPLEX ENCLAVE, DELHI ROAD MEERUT AABCA1788K (APPELLANT) VS CIT(A) AAYAKAR BHAWAN, BHAINSALI MEERUT (RESPONDENT) ORDER PER O P KANT, AM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER DATED 27/9/2016 PASSED BY CIT(A)- MEERUT FOR ASSESSMENT YEAR 2008-09. 2. BEFORE US, THE ASSESSEE HAS MOVED AN APPLICATIO N DATED 23/12/2020 WHERE IN IT IS SUBMITTED THAT THE ASSESS EE HAS FILED FORM NO. 1 & 2 IN THE DIRECT TAX VIVAD SE VISHWAS H SCHEME (VSV) ACT, 2020 AND HAS RECEIVED FORM NO. 3 FROM TH E DEPARTMENT. THE ASSESSEE, THEREFORE, SEEKS TO WITHDRAW THE APPE AL TO WHICH REVENUE HAS NO OBJECTION. APPELLANT BY SH. V. RAJKUMAR, ADV RESPONDENT BY SH. SAHIL MALIK, SR. DR DATE OF HEARING 24.12.2020 DATE OF PRONOUNCEMENT 24.12.2020 2 ITA NO. 5857/DEL/2016 3. IN VIEW OF THE AFORESAID FACTS AND AFTER CONSIDE RING THE SUBMISSIONS OF THE ASSESSEE, WE DISMISS THE APPEAL OF ASSESSEE AS WITHDRAWN SUBJECT TO A CAVEAT THAT IN CASE THE DISP UTE RELATING TO TAX ARREARS FOR THE CAPTIONED ASSESSMENT YEAR IS NO T ULTIMATELY RESOLVED IN TERMS OF THE AFORESAID ACT, THE ASSESSE E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER DIRECTIONS THE APPEAL O F THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 24 TH DAY OF DECEMBER, 2020 SD/- SD/- (SUCHITRA KAMBLE) (O P KANT) JUDICIAL MEMBER ACCOUNTANT M EMBER DATED: 24/12/2020 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 5857/DEL/2016